Isaiah Investment v Smalley

Landlord wins · Hamilton · 2021-10-14

Adjudicator

Michelle Tan

Dispute

Breach of Conditions

Notice

Breach of Conditions

Amount

<$5K

Landlord

I.I.

Tenant

D.S.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order issued by the Board. The condition was for the Tenant to cooperate with granting the Landlord access to the unit for pest control and maintenance, and to not engage in behavior similar to that set out in two previous N5 notices.

The ruling

The tenancy is terminated, and the Tenant must move out by October 25, 2021. The Tenant must pay the Landlord $186 for the previous application fee, and $23.55 per day for compensation for use of the unit starting October 15, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by October 25, 2021, the Tenant will owe interest starting October 26, 2021.